KERA BAI Vs. BHUPESH SAHU

JUDGEMENT

(1.) This appeal arises out of the award dtd. 30/7/2016 passed by 3rd Additional Motor Accident Claims Tribunal, Baloda Bazar, District Baloda Bazar - Bhatapara (C.G.), in Motor Accident Claim Case No.33/2015 awarding compensation of Rs.13,46,240.00 with interest @ 7.5% per annum, from the date of application till its realization, in favour of the appellant/claimants for their irreparable loss.

(2.) The gist of claim before the Tribunal, in brief, was that on 4/4/2015 at about 7:15 p.m, while deceased Tiharu Sahu, after completion of tailoring work, was coming on his bicycle to his village Jhumka, near Pathik Manas Ashram, on Pipardula main road, respondent no.1 driving the offending vehicle i.e. Pick Up 407 bearing registration No.CG 04 JD 3250 rashly and negligently, dashed his bicycle, as a result of which, Tiharu Sahu suffered grievous injuries and died on the spot. Upon report being made in this regard, crime was registered against respondent no.1 in PS Sarsiwa, District Baloda Bazar- Bhatapara (CG).

(3.) It was claimed that on the date of accident, the age of deceased was about 45 years who was earning Rs.1,000.00 per day i.e. Rs.30,000.00 per month from tailoring work. Due to the casual death of Tiharu Sahu, there is an irreparable loss to the appellant/claimants who are the wife, children and father of the deceased. Therefore, the claimants preferred an application before the Tribunal claiming total compensation of Rs.70,87,500.00.